“Fee” in respect of each Service will be as noted in the Fee Schedule or Invoice provided to the Client on initiation of the Service and adjusted from time to time.
“Service” is the product or service provided by Brightclick as requested and authorised by the Client.
“Application” means a request for initiation of a Service(s) and / or provision of Good(s);
“Client” is the party described as such on any Application or Service Order executed between it and Brightclick.
“Goods” means any and all goods to be provided by Brightclick to the Client in terms of this Agreement, including without limitation equipment, hardware and third party software.
Project Estimates and Schedules
All projects are estimated upfront. A project will only commence once Client has approved the estimate and a 50% deposit fee paid no later than 24 hours before the agreed date of commencement for the project. The project will end on the agreed completion date, at which stage the remaining project fee be paid into Brightclick bank account.
Additional tasks and expenses not allocated for in the approved estimate will be charged for the Client account at R650.00 per hour, excluding travel fees such as flights, gas, tolls and accommodation.
Debit Order Authorisation
By accepting these terms, Clients hereby authorize Brightclick to debit their nominated bank account any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products). This sum being the amount for settlement of the monthly amount due by the Client in respect of services or products.
The Client authorises Brightclick’s nominated agent to debit their account or card on Brightclick’s behalf. The debit authority will remain in force until such services or products are cancelled, subject to the condition that Client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.
The Client agrees that the party hereby authorized to debit their bank account may not cede or assign any of its rights and that the Client may not cede any of their obligations in terms of this debit order instruction to any third party without prior written consent of the authorized party.
Payment, Penalties and Late Payment Fees
Brightclick only accepts Debit Order payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at Brightclick’s discretion. The Client’s monthly debit orders of the Fee will be submitted monthly in advance on or about the first Business Day of the month.
Late Payment Fees will be applied to outstanding invoices in excess of 30 days from date of issue. The late payment fee is 12% of the total invoice amount outstanding, and is compounded every 30 days.
Brightclick will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
Unpaid Debit Orders or any other irregularity regarding payment which results in non-payment may result in immediate suspension of Services (which may not be limited to the particular Service in question).
Brightclick retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
Brightclick reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
If the Client’s Services are terminated for any reason, including non-payment, Brightclick may charge a Reconnection Fee for subsequent reactivation of services. Reconnection Fees are payable in full before any services can be reactivated, once suspended. Brightclick may charge multiple reconnections Fees where multiple products are affected, and may charge “escalating” penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice Brightclick’s right to enforce such penalties in full at any time (within their discretion).
Reconnection of Services may be subject to a waiting period of up to 72 hours, at Brightclick’s discretion, regardless of when payment is received or cleared.
In the case of billing disputes, the onus is upon the Client to raise such disputes in good time to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at Brightclick’s discretion.
Brightclick reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at Brightclick’s discretion and may vary. The means and terms of termination will be determined at Brightclick’s discretion. Notice of termination will be provided to the best of Brightclick’s ability, but Brightclick will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.
Unless otherwise agreed:
Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
Services are billed in advance and all invoices must be paid by the Client in advance.
Any Services invoiced in arrears are payable on presentation of invoice.
All Fees and other amounts payable are quoted exclusive of tax.
Brightclick is a non-VAT vendor.
Term and Termination
Brightclick operates month-to-month agreements and/or once-off Service, as quoted and accepted by the Client. Either the Client or Brightclick may terminate the agreement, or a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 15th of April, termination will take effect on the 1st of June. Particular Service Terms may allow for shorter notice periods.
The Client must give notice of termination to Brightclick via email. Cancellation of any Service is the Client’s responsibility. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, Brightclick will not be liable for any additional costs or compensation due to the error. Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
The Client acknowledges that Brightclick may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.
Emails and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If emails are sent in error please notify the sender. Email messages contain confidential information and are intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy the email. Please notify the sender [email protected] immediately by email if you have received an email by mistake and delete the email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of the information is strictly prohibited.
This page was updated on 09 December 2018.